Gauhati High Court
Xxxx vs In Re - State Of Assam And 7 Ors on 10 February, 2023
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GAHC010098092019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : PIL(Suo Moto)/2/2019
XXXX
GUWAHATI, ASSAM
VERSUS
IN RE - STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE CHIEF SECRETARY, JANATA BHAWAN, DISPUR,
GUWAHATI - 781006
2:STATE OF NAGALAND
REPRESENTED BY THE CHIEF SECRETARY
NAGALAND CIVIL SECRETARIAT
KOHIMA - 797004
3:STATE OF MIZORAM
REPRESENTED BY THE CHIEF SECRETARY
MIZORAM SECRETARIAT
AIZWAL - 796001
4:STATE OF ARUNACHAL PRADESH
REPRESENTED BY THE CHIEF SECRETARY
CIVIL SECRETARIAT
ITANAGAR - 791111
5:THE DIRECTOR GENERAL OF POLICE
ASSAM
POLICE HEADQUARTERS
ULUBARI
GUWAHATI - 781001
6:THE DIRECTOR GENERAL OF POLICE
NAGALAND
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POLICE HEADQUARTERS
P.R. HILL
KOHIMA - 797001
7:THE DIRECTOR GENERAL OF POLICE
MIZORAM
POLICE HEADQUARTERS
KHATLA
AIZWAL - 796001
8:THE DIRECTOR GENERAL OF POLICE
ARUNACHAL PRADESH
POLICE HEADQUARTERS
CHANDRANAGAR
ITANAGAR - 791111
9:UNION OF INDIA
THROUGH THE SECRETARY TO THE GOVERNMENT OF INDIA
HOME DEPARTMEN
Advocate for the Petitioner : MR S S DEY, SR ADV
Advocate for the Respondent : MR. T C CHUTIA, (R-1 AND 5)
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
HONOURABLE MR. JUSTICE ROBIN PHUKAN
ORDER
Date : 10.02.2023
(A.M. Bujor Barua, J)
Heard Mr. D. Nath, learned Senior Government Advocate for the State of
Assam, Mr. B.D. Goswami, learned Addl. Advocate General for the State of
Arunachal Pradesh, Mr. A. Kalita, learned Addl. Advocate General for the State of
Mizoram, Ms. M. Kechii, learned Senior Government Advocate for the State of
Nagaland, Mr. M. Phukan, learned Public Prosecutor for the State of Assam and
Mr. H.K. Das, learned standing counsel for the Gauhati High Court.
2. Pursuant to our earlier order dated 07.02.2023, Mr. Nitul Gogoi, IPS,
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Inspector General of Police (Administration), Assam; Mr. D. Upadhaya, IPS,
Inspector General of Police (CID), Assam; Mr. Michi Paku, Inspector General of
Police (Operation and Training), Arunachal Pradesh; Mr. Thomas Zodingliona,
IPS, Director General of Police (Eastern Range), Mizoram and Mr. Joseph Hesso,
IPS, Inspector General of Police (Headquarter), Nagaland are personally present
before the Court.
3. For the purpose of separation of investigation from the general duties of
the police personnel in respect of the State of Assam, there is already a
judgment and order dated 31.01.2020 in Crl.Appeal (J) No. 111/2016, whereby
there is a requirement to bring in a separation of the investigating wing from
that of the other duties of the police and in course of such proceedings certain
developments have already taken place and we are taking judicial notice of such
developments as recorded in various orders in Crl.Appeal (J) No. 111/2016.
4. Mr. Nitul Gogoi, IPS, Inspector General of Police (Administration), Assam
has stated that in respect of the Assam Police, a tentative list of the persons
who would be more suitable for investigation had already been identified and
certain preliminary training had also been imparted at the level of the police
training institutes and in the Judicial Academy of Assam. However, there is also
a requirement that a Cabinet decision be taken for the purpose to implement
the separation of the investigating wing and for the purpose a draft of the
Cabinet memorandum had already been prepared which had been placed before
the Government.
5. Mr. D. Nath, learned Senior Government Advocate seeks for an
adjournment to provide further update on the matter being placed before the
Cabinet. Upon deliberation, we can also observe that separating the
investigating wing may not incur any additional financial implication, other than
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for certain marginal financial implications and further creating of the wing would
be within the existing police force. On the next date, the State of Assam may
respond with a specific road map and timeline on the implementation of the
requirement of separating the investigating wing.
6. In respect of the State of Arunachal Pradesh, we take note of the
judgment and order dated 23.08.2022 in PIL No. 09(AP)/2022 for separation of
the investigating wing within the existing police force. The State of Arunachal
Pradesh to also file an affidavit stating in detail providing for the road map and
the timeline that would be required for implementing the separation and what
steps had been taken in the meantime for implementing the same, including the
preparation of the list of persons to be included in the investigating wing.
7. In respect of the State of Mizoram, although the matter of separation of
the investigating wing from the general police force was not taken up in any
judicial proceeding, however the genesis of the two judgments in respect of the
State of Assam as well as the State of Arunachal Pradesh are also applicable for
the State of Mizoram, meaning thereby that there is a public interest requiring
the separation of the investigating wing and there is also a judgment by the
Hon'ble Supreme Court requiring such separation which again would have to be
understood to be the law of the land.
8. An encouraging statement has been made by Mr. Thomas Zodingliona,
IPS, Director General of Police (Eastern Range), Mizoram, that as per certain
reports the rate of conviction in Mizoram is very high. The statement is
encouraging but at the same time we also feel that there is a requirement to
separate the investigating wing and if it had been done and the investigation is
more professionally done, the rate of conviction may even be higher.
Accordingly, the State of Mizoram to also file an affidavit placing on record the
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road map and the timeline to separate the investigating wing and what
immediate steps had been taken for implementing the same, meaning thereby
the identification of the police personnel who may be more suitable for the
purpose of investigation.
9. The provisions indicated in respect of the State of Mizoram would also be
applicable to the State of Nagaland and accordingly the State of Nagaland to
also file an affidavit placing on record the road map and the timeline to separate
the investigating wing and what immediate steps had been taken for
implementing the same. We have been told that the Assembly Election in the
State of Nagaland would take place on 27.02.2023 and the results thereof would
be declared on 02.03.2023.
10. In view of the above, the respective affidavits of the States of Assam,
Arunachal Pradesh and Mizoram be filed before the next date i.e. 28.02.2023.
However, for the State of Nagaland because of their ensuing Assembly Election
the affidavit be filed within 14.03.2023. For the purpose of the issue of
separating the investigating wing in respect the States of Assam, Arunachal
Pradesh and Mizoram, the matter to be listed for further hearing on 28.02.2023
and in respect of the State of Nagaland, the matter to be listed on 14.03.2023.
11. Personal appearance of all the aforesaid police officials with the exception
of Mr. Joseph Hesso, IPS, Inspector General of Police (Headquarter), Nagaland
shall continue on the next date.
12. A copy of this order be furnished to Mr. D. Nath, learned Senior
Government Advocate for the State of Assam, Mr. B.D. Goswami, learned Addl.
Advocate General for the State of Arunachal Pradesh, Mr. A. Kalita, learned Addl.
Advocate General for the State of Mizoram, Ms. M. Kechii, learned Senior
Government Advocate for the State of Nagaland and Mr. M. Phukan, learned
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Public Prosecutor for the State of Assam.
13. List again on 28.02.2023 and 14.03.2023 as part heard.
JUDGE JUDGE
Comparing Assistant
